- 1 - HC-KAR NC: 2026:KHC:6640 RSA No.256/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.256/2023 (PAR) BETWEEN: 1. SMT CHENNAMMA W/O SHANKARAPPA AGED 60 YEARS R/AT SANABA VILLAGE CHINAKURULI POST PANDAVAPURA TALUK MANDYA DISTRICT …APPELLANT (BY SRI. V B SHIVA KUMAR.,ADVOCATE) AND: 1. SRI HUCCHAPPA S/O LATE BASAPPA AGED 56 YEARS R/AT VAJAMANGALA VILLAGE VARUNA HOBLI MYSURU TALUK AND DISTRICT - 570 028 2. SRI SWAMY S/O LATE BASAPPA AGED 48 YEARS R/AT VAJAMANGALA VILLAGE VARUNA HOBLI MYSURU TALUK AND DISTRICT - 570 028 …RESPONDENTS (BY SRI. BHANU PRAKASH H V.,ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.08.2017 PASSED IN RA.NO.531/2014 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MYSURU PARTLY ALLOWING THE APPEAL AND PARTLY DECREEING THE JUDGMENT AND DECREE DATED 13.07.2010 PASSED IN O.S.NO.292/2006 ON THE FILE OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6640 RSA No.256/2023 THE I ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ADDITIONAL SENIOR CIVIL JUDGE, MYSORE. THIS REGULAR SECOND APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT There is delay of 1174 days in filing appeal. 2. I.A.no.1/2023 is filed for its condonation. 3. Notice was issued. Respondents are served and represented, no objections are filed. 4. Sri V.B. Shivakumar, learned counsel for appellant submits that, delay was on account of appellant being an illiterate lady, who had entrusted appeal to counsel and who had informed her about judgment being passed, but relief not granted in the judgment. However, due to financial difficulty, she could not approach this Court in time and it is stated that after arranging for money, appeal is filed. 5. Thus, only reasons stated for condonation of delay are illiteracy of appellant and financial difficulty. It is seen that Court fee payable on memorandum of appeal was Rs.200/-. Though appellant claims to be illiterate, she had engaged - 3 - HC-KAR NC: 2026:KHC:6640 RSA No.256/2023 counsel and had to services of counsel before trial Court and first appellate Court. Affidavit also indicates knowledge about appeal to be filed within 90 days. Thus, explanation offered is vague and omnibus and cannot be stated to be sufficient or reasonable, especially when delay is of three years. Hence, I.A.no.1/2023 is rejected. Consequently, appeal and other applications are dismissed. Sd/- (RAVI V HOSMANI) JUDGE PKN List No.: 1 Sl No.: 29